does an anonymous call made to the police dept. stating that a male subject had meth in his vehicle give the police probable cause to stop that vehicl

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does an anonymous call made to the police dept. stating that a male subject had meth in his vehicle give the police probable cause to stop that vehicl

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Asked on April 28, 2009 under Criminal Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, it could be sufficient based on a number of factors to have the police obtain a search warrant or arrest warrant. You do not necessarily need probable cause to stop a vehicle but reasonable articulable suspicion.

Standard for Probable Cause
The judge must find from the affidavit probable cause to believe that the place to be searched contains items connected with criminal activity. Probable cause means substantial evidence, which may be based entirely or partly on hearsay. Hearsay is information that comes from a third person, meaning someone other than the person who reports and swears to the information in an affidavit. The judge must conclude independently, from the facts presented in writing in the affidavit, that probable cause to conduct the search is present. It is not sufficient for the judge simply to accept the conclusions of the person making the affidavit, or of the sources cited in the affidavit, no matter how honest or reliable these may appear.

This is a case that can help explain what kind of anonymous tip could be sufficient to obtain/issue a search warrant/arrest warrant:

http://74.125.47.132/search?q=cache:gjKIN--lK1YJ:www.supremecourt.nm.org/cgi-bin/dnloadit.cgi/pastopinion/06ca-061.wpd+new+mexico+and+probable+cause+to+obtain+warrant+based+on+anonymous+tip&cd=2&hl=en&ct=clnk&gl=us


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